Uganda
Public Trustee Act
Chapter 161
- Commenced on 15 July 1937
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
1. Appointment of public trustee
The Minister, by notice in the Gazette, may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee.2. Public trustee to be a corporation sole
The public trustee shall be a corporation sole by the name of the public trustee and as such shall have perpetual succession and an official seal, and may sue and be sued in his or her corporate name, but any instrument sealed by him or her shall not, by reason of his or her using a seal, be rendered liable to higher stamp duty than if he or she were an individual.3. Power of public trustee to appoint agents, etc.
4. Powers and duties of public trustee
5. Appointment of public trustee as trustee by person creating trustby trust deed
6. Procedure in case of appointment of a public trustee as trustee under a will
7. Appointment of public trustee by court
If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent.8. Transfer of legacy, etc. of infant or lunatic to public trustee
If any infant or lunatic is entitled to any gift, legacy or share of the estate of a deceased person, it shall be lawful for the person by whom the gift is made, or the executor or administrator by whom the legacy or share is payable or transferable, or for any trustee of any gift, legacy or share, with the consent of the public trustee, to transfer the gift, legacy or share by an instrument in writing to the public trustee by that name or any other sufficient description; but the consent of the public trustee shall be recited in the instrument and the instrument shall be duly executed by the public trustee.9. Security not required from public trustee
The public trustee shall not be required by any court to enter into any bond and security on his or her appointment in any capacity under this Act.10. Government liability for Acts of public trustee
The Government shall be liable to make good out of the public funds of Uganda all sums required to discharge any liability which the public trustee, if he or she were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the public trustee nor any of his or her officers or agents has in any way contributed, and which neither he or she nor any of his or her officers or agents could by the exercise of reasonable diligence have averted, and in that case the public trustee, his or her officers or agents shall not, nor shall the Government, be subject to any liability.11. Fees chargeable
There shall be charged in respect of the duties of the public trustee such fees, whether by way of percentage or otherwise, as the Minister may prescribe by rules made under this Act; except that in respect of any fee that may be charged by percentage on the annual income accruing for the benefit of any trust, either from money invested or from properties held in trust, the Minister may prescribe the maximum percentage that may be charged and the public trustee, with the approval of the Minister, may fix the actual percentage that shall be charged on that annual income year by year.12. Accounts to be audited
The accounts of the public trustee shall be audited at least once annually, and at any other time if the Minister so directs, by the prescribed person and in the prescribed manner.13. Court orders
The court may make such orders as it thinks fit respecting any trust property vested in the public trustee or the interest or the produce of the trust property.14. Powers to incur expenditure
The public trustee may, in addition to any other powers of expenditure lawfully exercisable by him or her, incur expenditure on such acts as may be necessary for the proper care and management of any property belonging to any trust administered by him or her.15. Payments to minor beneficiaries in cases of small estates
Where any property is held by the public trustee for any minor beneficiary, and at the time when it came into the care of the public trustee, it was of less value than two thousand shillings, the public trustee, at his or her discretion and without any application to the court, may apply the whole or any part of that property for or towards the maintenance, education, advancement or expenses of the minor beneficiary, or pay or transfer the property to the father or mother of the minor or some other suitable person, on behalf of the minor, and the receipt of the father or mother of the minor, or of the other person referred to in this section, shall be a full and complete discharge to the public trustee so far as regards the share.16. Power to make rules
The Minister may make rules for the safe custody, deposit and investment of funds which come into the hands of the public trustee and for better carrying out or rendering effective the provisions of this Act.History of this document
15 July 1937
Commences.